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My girlfriend, Satine, is unhappily married to her J-1 spouse. (They're not subject to the HRR, either.) She wants to be with me, but feels like she needs to wait until she and her husband get their H-visas (at this point, she thought she was getting a H-1B, but later realized it would be H-4) and get their green cards before we can be together. Since immigration overwhelms her and she's never really had a reason to research this before meeting me, she thinks this is the only option available to us. Her impression was that if they got their H-visas in October 2016, they'd have their GCs by early 2017 and she could get a divorce then.
Personally, I've thought that sounded a bit extreme and have taken it upon myself to do some research. I've even contacted an immigration attorney through a free consultation. He's told me that her H-visa plan would take YEARS to complete. Like late 2018/early 2019. There's no way I'm hanging around for her that long, even if she is my soul mate.
Especially because I've discovered a much faster route toward getting a green card. I've found out that if she could get a finalized divorce from her husband tomorrow, then we could get married tomorrow. She would have overstayed her visa at that point, but if we were married then she could NOT be removed by ICE because she's eligible for AOS. Plus, there's no deadline for when we need to file for the I-485. (Although if she wanted work authorization again, we'd need to get that quickly.) Once the I-130 and I-485 have been filed simultaneously (which is only permitted for marriage-based GCs, correct?), then it's as quick as 2.5-3 months before she gets her GC.
The only trouble with what I've found is that Satine is so scared of immigration that she's being slow to consider it. At this point, she's refusing to even talk about it. She just wants to stick to the H-visa/GC plan because it's what's in place, it's safe, and she's unsure of anything else.
If going with my alternative is, indeed, sound...how can I convince her and talk to her about it? I'd much rather get with her in 2016 than 2019.
Personally, I've thought that sounded a bit extreme and have taken it upon myself to do some research. I've even contacted an immigration attorney through a free consultation. He's told me that her H-visa plan would take YEARS to complete. Like late 2018/early 2019. There's no way I'm hanging around for her that long, even if she is my soul mate.
Especially because I've discovered a much faster route toward getting a green card. I've found out that if she could get a finalized divorce from her husband tomorrow, then we could get married tomorrow. She would have overstayed her visa at that point, but if we were married then she could NOT be removed by ICE because she's eligible for AOS. Plus, there's no deadline for when we need to file for the I-485. (Although if she wanted work authorization again, we'd need to get that quickly.) Once the I-130 and I-485 have been filed simultaneously (which is only permitted for marriage-based GCs, correct?), then it's as quick as 2.5-3 months before she gets her GC.
The only trouble with what I've found is that Satine is so scared of immigration that she's being slow to consider it. At this point, she's refusing to even talk about it. She just wants to stick to the H-visa/GC plan because it's what's in place, it's safe, and she's unsure of anything else.
If going with my alternative is, indeed, sound...how can I convince her and talk to her about it? I'd much rather get with her in 2016 than 2019.
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